25 -- FPI Production in FSC Code 2590

“Under the provisions of FPI's guidelines process, published March 12, 1997, in the Federal Register and March 25, 1997, in the Commerce Business Daily, FPI submits the following "good faith" announcement for public notice and comment. FPI proposes to manufacture High Mobility Multi-Purpose Wheeled Vehicle (HUMMWV) spare tire carriers. Under FPI’s guidelines covering the production of new products and significant expansion of existing products, the primary determinant of what constitutes a “specific product” is an item’s Federal Supply Classification (FSC) code. The HUMMWV spare tire carrier is classified in Federal Supply Classification (FSC) code 2590, Miscellaneous Vehicular Components. FPI has recorded sales in this category every year since FY 1997. Under FPI’s guidelines, the secondary determinant of what constitutes a “specific product” is an item’s Standard Industrial Classification (SIC) code (or the current NAICS code). The most appropriate SIC and NAICS codes for HUMMWV spare tire carriers are: SIC 3714, Motor Vehicle Parts and Accessories, and NAICS code 336399, All Other Motor Vehicle Parts Manufacturing. FPI does not make items in SIC 3714, but does make items in NAICS code 336399. FPI has a history of making items in both the FSC code and NAICS code for HUMMWV spare tire carriers. For this reason, FPI believes HUMMWV spare tire carriers do not meet the definition of "new product" set forth by FPI's guidelines. However, FPI recognizes that a reasonable person may construe this item to be a product separate and distinct from any other made by FPI. Under the terms of FPI's expansion guidelines, interested parties may submit comments regarding this proposed production by FPI. In submitting comments to FPI, the following guidelines will apply: 1) Comments will be due within 21 days of the date of this notice; 2) Relevant comments will focus on and address why the HUMMWV spare tire carrier should be considered a new product, separate and distinct from a similar item currently produced by FPI; 3) While the primary purpose of the comments will be to determine if the item should be defined as a new product, comments related to market share and/or the impact resulting from such a production decision may also be considered relevant. All comments received in response to this announcement will be considered by the FPI Board of Directors. All commenters will be advised when FPI makes a final determination. Any interested party has a right to raise any question with FPI's Board of Directors. All comments should be addressed to: Chief Administrative Officer, Research, Activation, and Corporate Support Branch, Federal Prison Industries, Inc., 320 First Street, NW, Washington, D.C. 20534.”